State v. Watkins

929 N.E.2d 1072, 186 Ohio App. 3d 619
CourtOhio Court of Appeals
DecidedFebruary 26, 2010
DocketNo. 08-CA-122
StatusPublished
Cited by9 cases

This text of 929 N.E.2d 1072 (State v. Watkins) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Watkins, 929 N.E.2d 1072, 186 Ohio App. 3d 619 (Ohio Ct. App. 2010).

Opinion

Fain, Judge.

{¶ 1} Defendant-appellant, Jon Watkins, appeals his conviction and sentence for one count of aggravated robbery and one count of kidnapping. Watkins argues that his convictions are against the manifest weight of the evidence and that they are not supported by sufficient evidence. He claims that he was denied the effective assistance of trial counsel. Watkins maintains that his sentence is contrary to law because the court failed to expressly address either the purposes and principles of felony sentencing set forth in R.C. 2929.11 or the seriousness and recidivism factors enumerated in R.C. 2929.12. He also argues that the trial court abused its discretion in imposing maximum consecutive sentences. We conclude that Watkins’s convictions are supported by sufficient evidence and that they are not against the manifest weight of the evidence. We conclude that Watkins was not denied the effective assistance of trial counsel. We conclude that although the trial court did consider the statutory factors, the trial court nevertheless abused its discretion in imposing maximum, consecutive sentences. Accordingly, the sentence imposed by the trial court is reversed, the judgment of the trial court is affirmed in all other respects, and this cause is remanded for resentencing.

I

{¶ 2} On the evening of July 20, 2008, Katelyn Kuntz and her friend, Cheryl Palmer, decided to go to the Clark County Fair. They called a mutual friend, Kelvin Cobb, to invite him along. In turn, Cobb called his friend Jon Watkins. Kuntz and Palmer picked up Cobb and then Watkins, and the four drove to the fairgrounds. Upon arrival, they realized that the fair was closing. Cobb wanted to go home to spend time with his girlfriend, so Kuntz dropped him off at about 10:00 p.m. As Kuntz, Watkins, and Palmer drove to Palmer’s home, the women discussed Kuntz’s plans to purchase a car the following day with money she had recently received as a graduation gift.

[624]*624{¶ 3} About an hour later, Kuntz decided to go home, and she offered Watkins a ride. At his request, she dropped him off at Cobb’s home before she drove home herself. Kuntz noticed three men wearing bandanas near the Cobb home. Watkins planned to have Cobb’s brother drive him home, but when he arrived at the Cobb home, the brother was asleep. Watkins made a few calls to get Kuntz’s phone number, and then called Kuntz and asked her to come back to pick him up. Kuntz briefly went inside her house, leaving her purse in her bedroom, before she returned to the Cobb home.

{¶ 4} When Kuntz arrived, she did not see Watkins on the porch as she had expected, so she called him to tell him that she was there. Watkins came out and started to get into the passenger seat but then claimed that he had forgotten his cell phone. He turned back to the house, leaving the passenger door open. As Kuntz leaned across to close the passenger door so that she could lock the doors, someone later identified as Luane Dozier opened the driver’s door, pointed a gun at her head, and told her to move over. When Kuntz complied, Dozier got into the driver’s seat. Watkins got into the back seat with two other men, later identified as Jeremy Jackson and Willie Hudson. Dozier, Jackson, and Hudson wore bandanas covering the lower halves of them faces.

{¶ 5} As Dozier drove around Springfield, he, Jackson, and Hudson kept telling Kuntz that they knew she had money, and they repeatedly demanded that she give them her money. Dozier parked the car and ordered Kuntz out. Dozier and Hudson alternated holding the gun on Kuntz and searching her vehicle, while Jackson and Watkins stood behind the car. Finding no money, the young men took Kuntz’s cell phone and shoes and the car stereo. Nobody demanded either money or a cell phone from Watkins. The five got back into the car, and Dozier continued to drive around, still demanding money.

{¶ 6} Dozier stopped a second time in an alley parallel to Casilly Street, and the car was again searched. Still finding no money, Dozier forced Kuntz to remove her clothing in order to prove that she was not hiding anything. As she dressed, she heard the four young men talking. Though she could not make out them words clearly, she did recognize Watkins’s voice. Following that conversation, Kuntz was allowed to drive away, after first being told to go home and return with $5,000 within ten minutes or they would kill Watkins. The young men demanded Kuntz’s house key, in case she did not return. Kuntz gave them a key to her desk and drove away. Watkins and the other three young men went into the house where Hudson, Jackson, and Dozier often stayed. Once inside, the three removed their bandanas. Although Watkins admitted at trial to knowing Dozier, Hudson, and Jackson from high school, he claimed that he did not recognize them until they removed their bandanas.

[625]*625{¶ 7} Soon after leaving the alley, Kuntz called the police. At first, the police believed that Watkins had also been kidnapped during the course of the robbery. Upon identifying Dozier as a suspect, the police arrived at the house on Casilly Street, but Dozier had already left. The police spoke with Jackson and Hudson, both of whom denied that Watkins was there. The police left and went to speak with Cobb, who mentioned Jackson as being the only person in the area with whom Watkins was likely to spend time.

{¶ 8} The officers returned to the house on Casilly. At first, Jennifer Bowshier, the homeowner or renter, refused to allow the police to search the home, demanding that they secure a search warrant. During the wait for that warrant, however, she changed her mind and agreed to sign a consent-to-search form. When the officers searched the home, they found Watkins hiding under a mattress in an upstairs bedroom. He had his cell phone and his wallet containing about $50 in his possession. The police also found Kuntz’s cell phone in the house.

{¶ 9} Dozier, Hudson, and Jackson testified that Watkins arranged the robbery. When Watkins learned that Kuntz had money to buy a car, he sent a texted message to Jackson, and the two made arrangements for her to be robbed that night in front of the Cobb home. Jackson shared the messages with Hudson, and the two recruited Dozier. After the first attempt failed, when Kuntz drove away from the Cobb home too quickly, the four young men discussed a new plan, leading Watkins to call Kuntz for another ride.

{¶ 10} Dozier, Hudson, and Jackson all testified that nobody forced Watkins to get into Kuntz’s car or to go with them to the house on Casilly after Kuntz left. In fact, Hudson testified that Watkins was told to leave, but he declined, claiming that he was scared and had no place to go. Dozier briefly left, and the others went to sleep until the police arrived. They testified that during the robbery, Jackson pretended to hit Watkins in order to convince Kuntz that Watkins was a victim.

{¶ 11} When he was first questioned, Watkins never said that he was a victim. During his second interview, Watkins told police that he was threatened and kidnapped along with Kuntz. He said that the robbers had forced him to go with them and to hide under the mattress. He insisted that he did not know any of the perpetrators. He explained his being with Jackson by claiming that after his unknown abductors allowed him to go, he happened to run into Jackson.

{¶ 12} Watkins was indicted on two counts each of robbery and kidnapping, and one count each of aggravated robbery and abduction. All counts included firearm specifications. A jury found Watkins guilty of all charges but not guilty of the specifications.

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Cite This Page — Counsel Stack

Bluebook (online)
929 N.E.2d 1072, 186 Ohio App. 3d 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-watkins-ohioctapp-2010.